The Egyptian Agrium Case

Habi Center for Environmental Rights to be honored for sending this request explains the circumstances and concomitants of that case asking for your relevant counsel. Which is not strange about you as we used to you leadership of the environmental rights field lived asset environmental rights defenders.

With a certain preparing for your questions on vagueness of any point in our letter however, heading for stumbles or errors.

As we are wishing a fast response for the importance of the issue and time shortens.

Agrium Inc.
Facts

On 23rd of June, 2004 have been sold a plot of land especially for Urban Communities Authority of the Egyptian Holding Company for Petrochemicals. Beside, on 23rd of February, 2006 the Egyptian Holding Company for Petrochemicals signed a partnership contract with three Canadian companies (Agrium 1, 2, and 3)

During March, 2006 Agrium Inc. filed a request for the General Authority for Investment to approve the founding of the company's activities agreed upon among the partners. The General Authority for Investments issued a decision No. 182 / T of 2006 to approve the foundation of the company.

On 11th and 13th of May, 2006 the Authority of Damietta's Port announced in the newspaper on a plot of land prepared for a port and area facilities related to the petrochemicals project with the usufruct, and on 25th of May, 2006 the Egyptian Agrium Company attended an auction for the Port Authority on the mentioned lands, and on 22nd of June, 2006 the Company won the auction (with one offer only)!!!! on date 12/3/2007 had been taken legally required, and to notify charged with issuing permits for examination, and after obtaining such approvals were Licensing Company "Agrium" Egyptian establishment of a maritime pier and the facilities for shipment,

3rd of May, 2007, the agreement of EEAA on the presented study of the Company which the company presented Environmental Feasibility Study to the Body, The ministry then transmit the study to the Centre for Research and Environmental Studies at Cairo University, and after fulfilled all the requirements, the Centre for Research and Environmental Studies sending approval to the Ministry of Environmental Affairs on 13th of April, 2007.


So that, two decisions issued for banning the company works for its contraventions:

The first one, which issued on 22nd of March, 2008 for it's contrary to the decisions of Act No. 106 of 1976 and its modifications, cause of making barbed wires and dust blocks around the border of the area without license.

The second, in which is issued on 13th of April, 2008 because of the work of temporary facilities "Workshops and Offices" without a license.

Fact-Finding Committee's opinion of the Parliament:


Firstly: procedures, reports and financial aspect:

And the absence of irregularities or abuses in the administrative or procedural aspects and financial, which the Ambassador of Canada in Cairo denied what raised in papers about amounts spent on informal ways to obtain the approvals.

Secondly, the environmental aspect:

Responded to the Fact-Finding Commission of the EIA which prepared by the company, and the Committee believes that the focus of any breaches of the Environmental Protection Act No. 4 of 1994 or not depends on the implementation of environmental requirements required by in accordance with the requirements and procedures of the Act, and Being in this regard to note that the approval of the Ministry of the Environment was conditional on the implementation of these requirements.

The fact-finding committee to refer this study to the group of environmental experts led by Prof. Dr. Mostafa Tolba, President of the International Centre for Environment and Development, which sent a report to the Committee contains many proposals, is the objection Group of Experts on the implementation of this project the city of Ras El Bar because of the special nature and location of the tourist Distinguished, as the selection of the current location of the project was based on purely economic interest of the company without taking into consideration the proximity of residential housing and environmental added pregnancy, especially as the region particularly sensitive "as defined by the World Bank for being the mouth of the river and coastal zone", and confirms that a letter from the Minister of the Environment to Damietta's Governor on 22nd of April, 2007. they must meet the requirement of societal harmony Which are not required form, which led to this situation of discontent and popular rejection, and this portion of the community in line directory contains guidance on Environmental Impact Assessment issued by the Ministry of Environmental Affairs in 2001 page 103, as well as the requirement of the World Bank in the series of EIA guidelines issued under these numbers 139, 140, and 154.

As well, the common guideline of the UN, UNEP, and The Economic and Social Council, which provided for a Public Involvement and not the Public Consultations only, in addition the World Bank considered this area as an Ecological Sensitive Location, and the Committee points out in this connection that the company did not Obtain the approval of EIA to establish a port for Damietta's governorate, where approval is obtained by the plant only and not for a port "This report was confirmed by the Administrative Control Authority in this regard", does not consider the approval of the Ministry of Environmental Affairs, which the company obtained approval for this port.

Thirdly: Regard by the Civil Society with the project:

Committee considers that the Agrium's company chose this site for the project prior to the verification of a civil society Accordingly, the company has struck pages of scientific study prepared by consultant American "company Jacob cooperation with the company MEET", which concluded that the basic conditions to be met at the site is the absence of Opposition groups to establish the project, and that it is undesirable conditions and cooperation with civil society to get popular support and communication with the project for success, these conditions have not been realized despite the consultation meetings held by the company without including representatives of civil society, which also denies Some attributed to him to attend the consultation. as well as foregoing, the Company did not obtain the approval of the Local People's Council, according to the law, for the gas pipeline and water line crossing, which means the impossibility of implementing this project by the company without these two lines, even if the company had taken into account the requirement of a civil society could have easily obtain the consent of the People's Local Consul, which already rejected the project and it's the Consul as a voice Damietta's people. It stresses that responsibility for the company's contract with the Saudi Rehab Company to buy part of the land of the project site, which is not available on social harmony.

On 10th of June, 2008 Administrative Control Authority opinion:

Observed that the Egyptian "Agrium" company submits a letter of guarantee worth 40 million pounds, and private financial condition appropriate "50 pounds per meter". The report did not refer to any financial or administrative irregularities from all concerned in this regard.


On 7th of June, 2008 The Fact-Finding Committee had a Meeting for hearing the representatives of E-Agrium. Commission presented to representatives of the Egyptian "Agrium" company responded to what information, and the outcome of the discussions that took place, which is summarized in the rejection of the Civil Society representatives in governorate of Damietta for establishment of nitrogen fertilizer company at Ras El Bar island, as this island of particular importance in both environmental and tourism, an rejecting the industrial activity on the island, and limit any activity to invest in tourism, the officials admitted this company to breach in communication with the community, and careful to take the support of associations and Civil Society institutions, which led to this troubling situation for the company. the company has rejected a proposal to move to other places alternative, which announced that this will be difficult to achieve in economic terms, since it would cost the company very large sums can not afford, notes that Egyptian companies contribute to this project by 33% of the capital.

Finally

Habi's Center for Environmental Rights opinion:

First: from the start, the institution refuses the existence of this company of Damietta's island and that for the sensitive nature of the region.

Second: the land of the project which bought from New Urban Communities Authority which at a tourist area, and the company should before buying that plot of land to make an EIA for chaining it from a tourist area to an industrial area rather hazards industrials.

Third: the wharf didn't provide with an EIA study, let alone the notes of the Egyptian State Consul on the legal safety of the contract, which assurance by the Administrative Control Authority.

Fourth: Not taking into account the consent of civil society and the establishment of the project despite the will of civil society and the injustice which leads to the right of the civil society to claim compensation due to psychological pain bitter that lived people of Damietta to establish the project despite his will.
 
Consequently

We are sending to your Excellency the whole position, which for the following:

Firstly: The Egyptian government's position if the company's lawsuit alleged that the administration set up and whether the company deserves compensation or otherwise in the case of recourse to international justice or to international arbitration.

Secondly: To what extent is entitled to Egyptian civil society recourse to international justice for the claim about the company's violation of its rights.

Thirdly: What are those in which the Egyptian civil society that have compelled residence compensation lawsuit against the company of destructed project?

Fourthly: What are those in which the Egyptian civil society to complain about their management of the project to strengthen its position and protect the people of Damietta from the dangers of pollution.

This is our speech to you in hope of rapid reaction so that we can take necessary

Thanks for you Concern as we are wishing the leadership as usual in the environmental defense field of you.

 Habi Center for Environmental Rights,